CIHM 
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microfiches 
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m 


Canadian  Instituta  for  Historical  Microraproduction*  /  Institut  Canadian  da  microraproductions  historiquaa 


Technical  and  Bibliographic  Notes  /  Notes  technique  et  bibliographiques 


The  Institute  has  attempttd  to  obtain  the  best  original 
copy  available  for  filming.  Features  of  this  copy  which 
may  be  bibliographically  unique,  which  may  alter  any  of 
the  images  in  the  reproduction,  or  which  may 
significantly  change  the  usual  method  of  filming  are 
checkeo  below. 


D 

D 

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D 
□ 

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Coloured  covers  / 
Couverture  de  couleur 

Covers  damaged  / 
Couverture  endommagee 

Covers  restored  and/or  laminated  / 
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Cover  title  missing  /  Le  titre  de  couverture  manque 

Coloured  maps  /  Cartes  geographiques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)  / 
Encre  de  couleur  {i.e.  autre  que  bleue  ou  noire) 

Coloured  plates  and/or  illustrations  / 
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along  interior  margin  /  La  reliure  serree  peut 
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la  marge  interieure. 

Blank  leaves  added  during  restorations  nnay  appear 
within  the  text.  Whenever  possible,  these  have 
been  omitted  from  filming  /  It  se  peut  que  certaines 
pages  blanches  ajoutees  lors  d'une  restauration 
apparaissent  dans  le  texte,  mais,  lorsque  cela  etait 
possible,  (^s  pages  n'ont  pas  6te  fitm^. 


L'Insiitut  a  microfilme  le  meilleur  examplaire  qu'il  lui  a 
ete  possible  de  se  procurer.  Les  details  de  cet  exem- 
plaire  qui  sont  peut-etre  uniques  du  point  de  vue  bibli- 
ographlque,  qui  peuvent  modifier  une  image  reproduite, 
ou  qui  peuvent  exiger  une  modifications  dans  la  meth- 
ode  normale  de  filmage  sont  indiques  ct-dessous. 

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D 


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r~~/    Showthrough  /  Transparence 

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i  I  Pages  wholly  or  partially  obscured  by  errata 
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ensure  the  best  possible  image  /  Les  pages 
totalement  ou  partiellement  obscuicies  par  un 
feuillet  d'errata,  une  pelure,  etc.,  ont  6te  filmees 
a  nouveau  de  fa^on  a  obtenir  la  meilteure 
image  possible. 

I  I  Opposing  pages  with  varying  colouration  or 
' — '  discolourations  are  filmed  twice  to  ensure  the 
best  possible  image  /  Les  pages  s'opposant 
ayant  des  colorations  variables  ou  des  decol- 
orations sont  filmees  deux  fois  afin  d'obtenir  la 
meilleur  image  possible. 


I     I      Additional  comments  / 

' — '      Commentaires  si^iptementaires: 


This  item  is  f  ilmtd  at  th«  reduction  ratio  chacktd  below/ 

Ce  document  est  f  ilme  au  taux  de  reduction  indique  ci-dessous. 

lOX  ^4X  18X  22X 


26X 


30X 


/ 


12X 


Th«  copy  filmad  hart  has  b««n  rapreduud  thankt 
10  tita  ganaroaity  of: 

National  Library  of  Canada 


L'aBamplaira  filmi  ful  raproduit  viea  t  la 
S*n*roait*  da: 

Bibllothequa  nationala  du  Canada 


Tha  imaflat  appaaring  hara  ara  tha  baat  quality 
potaibia  considaring  tha  condition  and  lagibility 
of  tha  original  copy  and  in  kaaping  with  tha 
filming  contract  apacificationa. 


La«  imagaa  auivaniat  ont  M  raproduiiat  avac  la 
plui  grand  toin,  compta  lanu  da  la  condition  at 
da  la  nanat*  da  I'axamplaira  filmt,  at  an 
eonformit*  avac  las  conditions  du  conirat  da 
lilmago. 


Original  copias  in  printad  papar  covara  ara  filmad 
beginning  will)  tha  front  covar  and  anding  on 
tha  last  paga  with  a  printad  or  illustratad  impraa- 
sion.  or  tha  back  covar  whan  appropriata.  All 
othar  original  copias  ara  filmad  baginning  on  tha 
first  paga  with  a  printad  or  i'luatratad  impras- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  illuatratad  imprassion. 


Laa  aaamplairas  originaux  dont  la  couvanura  *n 
papiar  ast  ImprimOa  sont  filmas  an  commoncani 
par  la  pramiar  plat  at  tn  tarminani  soil  par  la 
darniira  paga  qui  cemporta  una  amprainia 
d'imprasaion  ou  d'illustration.  soit  par  la  tacond 
plat,  salon  la  cas.  Tous  laa  autras  axamplairas 
originaux  sont  filmAs  an  commancant  par  la 
pramiAra  paga  qui  comporta  una  amprainta 
d'imprassion  ou  d'illustration  at  an  tarminant  par 
la  darniAra  paga  qui  eomporia  una  talia 
omprainta. 


Tha  last  racordad  frama  on  aach  microfieha 
shall  conuin  tha  symbol  -^  (moaning  "CON- 
TINUED"), or  tha  symbol  ▼  (moaning  "END"), 
whichavar  appliaa. 

Mapa,  plctas.  charts,  ate,  may  ba  filmad  at 
diffarant  raduction  ratios.  Thosa  too  larga  to  ba 
antiraly  includad  in  ona  axposura  ara  filmad 
baginning  in  tha  uppar  laft  hand  cornar,  laft  to 
right  and  top  to  bottom,  as  many  framas  as 
raquirad.  Tha  following  diagrams  illustrata  tha 
maihed: 


Un  das  symbolos  suivanta  apparaitra  sur  la 
darnitra  imago  do  chaquo  microfieha,  salon  la 
cas:  la  symbola  ^»  signifia  "A  SUIVRE",  la 
symbola  V  signifia  "FIN". 

Las  cartas,  planchas,  tablaaux,  ate,  pauvant  atra 
filmis  t  das  taux  do  raduction  diftOrants. 
Lorsquo  la  document  ast  trop  grand  pour  atra 
raproduit  an  un  soul  ctichO,  il  ast  films  t  partir 
da  I'angla  supiriaur  gaueha,  da  gaucha  a  droits. 
at  da  haut  an  bas.  on  pronant  la  nombra 
d'imagaa  nOcassairo.  Laa  diagrammas  suivanis 
illuatroni  la  mothoda. 


1  2  3 


1 

2 

3 

4 

5 

6 

MCKOCOPY    RISOIUTION   TEST   CHART 

lANSIond  ISO  TEST  CHABT  No    2l 


1.0 

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■^  y£  12.2 

I.I 

1-    ^ 

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^     /.APPLIED  IIVHBE 


1653   East   Ua,n   Str« 

!7'6)   482  -  0300  -  0 

(716)  2aa-^^B9  -c 

THE    COMMENCEMENT    ORATION, 

SYRACUSE    UNIVERSITY. 

JUNE  Mth.  leti. 


\fi  ^anam^hU  Mr.  itiatirr  SUidrll. 

KINO'S    BENCH    DIVISION,    H.C.J. 
ONTARIO 


With  the  Compliments  of 

William  Renv^hk  KiijDull. 


(SiwMin, 

The  Commcnetmcnt  Oration,  Syiicu^e  Univtriily,  Jun«  Hth,  1911. 
THE  HONOURABLE  WILLIAM  RENTICK  RIDDELL,  L.H.D.,  ETC. 

Mr.  Chancellor,  Fathers  and  Brethren,  Ladies  and 
Gentlemen: 

When  I  .say  that  I  ain  glad  to  be  here — uow — I  am 
not  simply  using  the  langiiafjo  of  mere  convention. 

I  am  eome  to  you  from  the  adjoining  nation  and 
from  a  University  which  her  sons  delight  to  honour, 
calling  her,  as  she  indeed  is,  the  largest  University 
imder  the  British  flag ;  they  do  not  in  their  devotion 
go  so  far  as  to  say  that  she  is  the  greatest  University 
under  the  British  flag— as  yet— but  with  the  opti- 
mism which  characterizes  the  Canadian,  thej  consider 
even  that  to  be  but  a  matter  of  years — few,  it  is  hoped. 

I  bring  you  greetings  from  that  land  and  that  Uni- 
versity, and  wish  you  every  possible  blessing. 

We  are  told  across  the  Lake,  that  there  are  million- 
aires at  the  back  of  this  University ;  and  if  that  is  so, 
we  rejoice.  But  it  may  be  but  an  invention  of  the 
enemy. 

"  Are  millionaires  common  in  America?"  asked  a 
stranger.  "  They  are,"  answered  the  American, 
"  most  of  them."   If  millionaires  are  responsible  for 


the  buildiuKS  of  this  Universiity,  it  is  a  matter  of  ro- 
xrct  tliat  tli(  y  uiv  not  more  cvimmim — in  tlic  ouc  scuso. 
No  person  common  in  tlie  otlir r  sonso  could  have  con- 
eeivpd  tlioir  erection  or  hroii  it  iiljoiit  in  beauty 
and  hnrmony  as  tliey  exist.  Ai.  i  we  might  well  pray 
that  more  of  such  benefai'tors  should  be  found  ' )  aid 
in  the  cause  of  higher  education  by  furnishing  tiiaste 
and  lovely  temples  for  its  pursuit. 

But  whatever  and  whucvcr  may  be  at  tlie  back  of 
Syracuse  Univ(>rsity,  I  can  bear  personal  testimony 
that  at  its  head  there  stands  a  man — 

"A  man  with  l^-nd,  he.irt,  hand 
Like  some  of  the  great  siiuple  onus  gone, 


Who  can  rule  and  dare  not  lie." 
— a  man  who  lives  by  old  George  Herbert's  precept, 

"Do  all  things  like  a  man.  not  uneakinirly," 

and  who  "girt  by  friend  or  foe,"  says  "the  thing  he 
will." 

Was  it  not  Garfield  who  said,  "  Dr.  Mark  Hopkins 
at  one  end  of  a  log  and  a  student  at  the  other — that  is 
a  University  "?  How  much  more  may  wc  say,  "  Dr. 
Day  at  one  end  of  this  institute  of  learning  and  these 
four  thousand  students  at  the  other — that  is  a  great 
University  "t 

And  I  most  heartily  and  sincerely  congratulate  him 
and  you  on  the  progress  made  by  this  University,  be- 
lieving and  appreciating  as  I  do  that  advance  in  true 
culture  and  true  learning  in  this  University  and  in 
this  State  cannot  be  without  its  influence,  not  only 
upon  this  great  Union,  but  also  upon  the  world  at 
large,  and  not  least  of  all  upon  my  own  beloved 
Canada. 

I  an  to  speak  to  you  of  the  United  States  and 
Canada. 

On  the  northern  shore  of  Lake  Erie,  our  magnifi- 
cent inland  sea,  are  many  projections  of  the  land  to- 


ward  the  Soutli,  ii«  it  si-n-r  strcl.liiii^  imt  Oanadiiin 
hnnds  to  the  .-istcr  I'liiiiitrv.  And  mi  diii'  i>{  tlic  Ki'.-t 
kiuiwu  of  these  stiiiid  twn'tall  shafts  ,.f  i.iiie.  tiipiicd 
witli  vei-diii  iievei'  failirii;.  These  u'lnw  ficiii  the 
sniiie  soil  mid  spring;  fidni  the  same  iHut;  tilmve, 
they  aic  distinct  ami  whcdly  self-eiuitained.  Tlio 
pillars  stand  near  t.i«etlier',  i-et  never  e'ash— the 
lighter,  more  eonspieuniis  portions  of  the  tre(  s  do  in- 
deed intenninKle:and  ever  and  anon,  when  stiricd  liy 
gale  or  tempest,  their  hraiiehes  chafi'  and  fret  in  noi>y 
commotion.  But  with  the  iiassiii;;  of  the  storm  passes 
also  the  fury  of  eontendini;  hraneli:  with  the  ealin 
comes  njiain  the  peaeeful  and  harmonious  interlaeiiis 
of  limb  and  twi;;  and  needh — and  the  oseillatin;;  shaft 
nodding  ti'  its  sister  is  jjladdened  by  the  peaee  above. 

Long  years  have  thes('  sisters  st I  on  the  shore  of  our 

Lake,  and  lonj,'  have  .hey  symbolized  the  t.vo  peoples 
living  on  its  ojiposite  sliores. 

For  the  United  States  and  Canada  are  from  tlie 
same  soil,  have  urown  cm  the  same  pontinent ;  they  are 
sprung  from  tlie  same  root  and  glory  in  the  same  an- 
cestry— and  while  the  lighter  part  rif  eneh  has,  when 
stirred  by  the  tempest  of  passicjn,  .iarred  and  fretted 
and  ehafed,  the  solid  portion  has,  in  the  main,  .stood 
firm;  and  when  the  stor.n  was  over  and  quiet  reigned, 
those  who  had  wrangled  an  i  lashed  i  esiimed  friendly 
communion  and  intermingled  one  «'ith  tiie  i  tlier  in 
peace  and  harmony. 

"  Behold  how'  good  and  how  ple.jsant 
brethren  to  dwell  together  in  unity." 

The  histories  are  full  of  war  and  battii 
bloodshed  and  sufleriug  are  told  to  child  an 
but  who  has  told  the  .story  of  the  long  ai 
peace  on  each  side  of  the  longest  intcrnatioi 
ary  in  tiie  world  ? 

Four  thousand  miles  stretches  the  line  hetwi 
United  States  and  Cauada:  and  never  a  i'u-titi. 
or  a  stronghold — the  so-called  forts  are  ir.erc  gli 
farmhouses,  the  earthworks  like  deserted  potato 


is  f.  r 
I  des  of 

HlH— 

.ul- 


n  the 

tion 


— tilt'  potty  KBi'rijoiiis  kfpt  at  u  few  pDiiits  do  uo  iriore 
than  |iluy  nt  Hi>l<li('i'iii){ — aiul  r'iI  mut  uiul  bluo  are 
rutlicT  brothers  tlinii  iiu'iulM'rs  of  tlii'  nriiiy  of  two 
natiouN. 

Aud  long  may  it  so  coiitiuuii — yea,  in  netcnios 
uitniis. 

Tins  pcaiM'  is,  I  vi'iitiiro  to  assert,  due  to  recoj}- 
nition  of  our  Iciusluii — and  it  did  not  exist  at  the  be- 
KiimiiiK  of  the  continent's  histoiy.  Kor  Canada  was 
always  a  sonrco  of  great  anxiety  to  the  Colonists  to 
tlie  south  while  she  was  French — and  fmu)  the  very 
first  there  vas  the  most  fixed  determination  not  lO 
allow  the  French  to  conie  within  striljiL);  distance  of 
"  the  Lord's  own  jieople  "  who  si)oke  English  und 
were  Protestant. 

Even  so  early  as  1613  the  Colony,  led  by  a  Jesuit 
father  and  sailing  from  lloiilleiir.  which  had  settled 
on  Mt.  Desert  ( the  Island  olT  the  coast  of  Maine,  now 
so  Well  icuowin  was  attacked  by  the  Virginian,  Cap- 
tain Samuel  Argall,  who  has  been  ealled  "  a  sca- 
eaptain  with  piratical  tastes" — and  he  carried  off 
Ht'tccn  French  in  chains,  and  set  the  rest  adrift  on 
the  stormy  sea.  Virginia  sent  her  ships  north  aud  de- 
stroyed every  vestige  of  French  occupation  of  the 
Island,  "  visited  "  Ste.  Croix  and  burnt  Port  Roval. 

The  expedition  in  1628  and  1629,  led  by  David 
Kirke  (Kertk),  who  might  be  fairly  described  in  the 
same  language  as  Argall,  cannot  be  credited  to  the 
colonies:  but  it  is  .'■afe  to  say  that  it  was  made  for 
their  sake.  Kirke 's  conquest  of  Quebec  had  but  little 
effect  upon  the  history  of  either  part  of  North 
America ;  though  Quebec  was  British  for  three  years, 
.he  peace  of  St.  Germain-en- Laye  (1632)  gave  Prance 
back  her  own — her  New  France. 

Thereafter,  for  a  century  and  a  quarter,  the  Eng- 
lish colonist  supplied  the  Iroquois  with  arms  and 
ammunition,  wherewith  to  commit  havoc  on  the 
Frcncihman — while  the  French,  not  to  be  behindhand 
in  their  thoughtful  care  for  the  white  man,  gave  arms 


and  niimiiiiiiti..ii  t..  ilic  I'lani'npliil,  iiliuiit'im*. 
Huron  hikI  AluipiKiiiiii.     EiikHxIi    hidiniiM   invaded 

Cnnndii  nnd  niviiiti'd  llmt  lai       ns  Ki Ii   IndianK 

Inv.  .led  New  Kiit'laiid  a.iu  ravnKcd  that— and 
there  can  lie  litth'  iloiiht  tliat  there  wa^*  in.t  iniieh 
to  elioose  lietweiii  thini,  altlioiinh,  in(h'ed,  we  liear 
more  ahoui  the  Indian  slaiiijliter  of  the  Knylish- 
speakiiiK  Aim  ricins— all  the  KnKlish  e(d()nisfs  eoiihl 
write— nnd  most  of  tliem  did, 

N'ew  York  di  I  not  becnnie  Knulish  in  ille^'ian.c 
till  1()(U,  whei  (  .  '(.nel  Kichard  Niecills  t.  k  posse  s- 
sion  for  tlie  .  ■•'  nf  York:  Imt  slie  lost  no  time  in 
sliowini;  hirseii  ICniflisli.  Ixitli  in  feelini;  ""d  in  enter- 
prise (for  the  short  period  of  renewed  iMiteh  i  iile  iv 
lG7:i  and  l(i74  may  lie  disre^rarded ).  and  indeed  she 
had  heeii  more  than  half  An;;lieised  heforc  lie)'  eliaiiKe 
of  tlai;.  In  the  di'e.oh',  ItiSit-ltllMi.  hctli  Kn«li<li  and 
Dutch  in  N'ew  York  endeavoured  hy  lOesents,  .iiui 
espceially  by  fMrnisliin«  ;.'ratis,  Kmis.  powder  and 
lend,  to  iuduee  the  Irocpmis  to  war  a(,'ninst  the  French 
— and  it  was  only  the  view  of  the  Iroquois  that  it 
would  be  better  first  of  all  to  destroy  the  Christian 
Indians,  allies  of  the  Freiieli-t'anadians,  that  saved 
New  France  from  a  most  devastating  nnd  horrible 
warfare  at  that  time — the  subjects  of  Jnmes  II  hesi- 
tated tlieniselves  to  attack  the  subjects  of  his  French 
friend;  but  they  had  no  conipunctiona  about  doing 
by  Indians  what  they  would  have  liked  to  do  in 
person.  "Qui  facit  per  aliuni,  facit  per  se''  does  not 
always  apply  internationally. 

But  on  the  13th  February,  KJSO,  William  and  Mary 
were  proclaimed  King  nnd  Queen  of  England;  and 
the  long  course  of  Stewart  truckling  to  France  came 
to  an  end. 

In  l(i!M).  the  (irniiil  Alliance  of  Germany,  Spam. 
Holland  and  England  wn.s  formed  agaiiist  Louis 
XIV;  and  this  continent  did  not  fail  of  its  share  of 
war.  The  Lc  Moynos  set  out  from  Alontreal  against 
New  York  and  Hertel  from  Three  Rivers — and  these 


captur^^d  and  destroyed  Schenectady  and  Salmon 
Palls;  while  a  third  expedition  from  Quebec  under 
Portneuf  captured  and  sacked  Canso. 
But  Boston  and  New  York  were  awake.    A  Con- 

forc'uce  was  hold  at  Albany  at  wliicli  the  invasion  of 
Canada  by  land  and  sea  was  dctcnnini'd  upon;  and  the 
Kennebec  backwoodsman,  William  Pliips,  was  ap- 
pointed to  lead  the  retaliatory  fleet.  He  failed  to 
take  Qu('l)ec,  though  he  had  under  his  command  men 
from  ilasaachusetts,  Connecticut  and  Plymouth. 
Sims  of  Connecticut  may,  if  they  choose,  account  for 
this  failure  by  the  fact  that  their  country  liad  with- 
drawn 2)art  of  hei-  contingent  to  protect  her  own 
northci-n  settlements. 

The  force  invading  l)y  land  composed  of  sixteen 
hundred  Xew  Yorkers  who  went  Ijy  Lake  Champlain 
had  no  better  fortune  at  Laprairie.  , 

Then  the  colonists  urged  the  mother  country  to 
send  an  expedition  for  the  conquest  of  Canada  ;"and 
in  1692  it  wa  decided  to  grant  this  request.  Accord- 
ingly, ill  lyj):!,  a  fleet  was  organized  to  reduce  Martin- 
ique first,  and  thereafter  Queljec:  but  it  was  so  re- 
duced liy  si<-kness  tliat  tlie  i)rojcct  had  to  be  ai)and- 
oned.  Indeed,  this  fleet  did  more  harm  to  Boston  than 
to  Martinique,  for  the  sickness  introduced  l)y  it  was 
most  destructive — after  killing  about  two-thirds  of 
the  sailors  and  soldiers,  it  proved  in  Boston  to  be  the 
most  malignant  ever  known :  so  much  so  indeed  as  to 
drive  many  of  the  inhabitants  away  from  the  city. 
And  they  were  Bostonians;  and  the  city  they  were 
leaving  was  Boston. 

Then  the  volcano  slept — thougu  mutterings  were 
from  time  to  time  heard,  and  the  earth  was  seldom 
still.  In  1709  both  land  and  sea  forces  were  sent 
against  Canada;  and  at  length,  in  1711,  an  advance 
was  made  against  Quebec  with  a  failure  still  more 
pronounced  and  even  disgraceful.  In  tliis  expedition, 
which  set  out  from  Boston  under  Sir  Hovenden 
Walker,  with  Imperial  and  Massachusetts  troops, 


everything  was  mismanacod.  Ships  were  wrecked  and 
hundreds  were  drowned.  Quebec  was  never  even 
reached — the  Admiral  thought,  or  at  least  said,  that 
the  wreck  was  a  merciful  intervention  of  Pro\-idence 
to  prevent  more  fatal  mischiefs.  Perhaps  it  was — 
had  it  not  been  for  that  wreck,  there  might  now  be  no 
Canada. 

Acadia  was  beini;  occupied,  and  the  hiuterland 
of  the  colonies  was  becoming  important — the  whole 
Lake  Oeorge-Lakc  (^liam])lniu  district  was  the  seat 
of  inoxtinguishalile  warfare,  guerilla  and  other- 
wise, between  the  two  irreconcilable  people;  and 
at  last  in  17-34  Wolfe  was  conunand(>d  to  take 
Quebec.  The  colonic.^  were  called  upou  to  furnish  20,- 
000  men,  and  tliev  .lid  furnisli  17,.300:  Massachusetts, 
7,000;  Connecticut,  5.000:  Rhode  Island  and  \ew 
Jersey  each  1,000;  New  Ilampsliire,  800,  and  \ew 
York,  2,680.  The  relative  importance  of  the  colonies 
is  shown  by  the  number  of  men  rai.sed,  Connecticut 
supplying  many  more  than  Xew  York,  and  Massa- 
chusetts nearly  three  times  Xew  York's  quota  (but 
of  course  Massachusetts  included  what  is  now  Maine). 

The  belief  which  bad  become  finnly  established 
throughout  Canada  that  Quebec  was  vmassailable  by 
water,  proved  not  quite  fallacious.  Quebec  fell,  but  it 
fell  assailed  by  way  of  the  Plains  of  Abraham.  Ticou- 
deroga  was  avenged.  The  colonies  had  their  wish  and 
the  toast  was  fulfilled,  "  British  colours  on  every 
French  fort,  post  and  garrison  in  America." 

It  is  a  satisfaction  to  know  that  the  three  American 
grenadiers  captured  by  the  French  at  Quebec  were 
not  burnt  alive  as  their  friends  feared  they  would  be. 
The  2nd  and  .3rd  battalions  of  Royal  Americans 
were  with  the  besieging  army  and  did  their  duty  man- 
fully; and  no  difference  was  made  between  them  and 
the  other  English  taken  prisoner. 

And  now  took  place  what  the  more  acute  observers 
had  foreseen,  and  some  had  openly  prophesied.  When 
the  fear  of  starvation  or  privation  is  removed,  the 


young  man  may  safely,  if  he  is  so  inclined,  treat  the 
old  folks  lightly — while  they  in  tiirn  cannot  think  of 
him  as  anything  but  a  mere  boy  wholly  unfit  to  gov- 
ern himself  or  his  household.  The  Euglish  (which 
by  this  time  had  become  British)  Colonies,  relieved 
from  the  ever-pressing  fear  of  invasion  from  the 
alien  North,  had  time  to  consider  their  relations  with 
the  mother  country.  So  long  as  the  next  day  might 
bring  a  hostile  raid  by  Frenchman  or  Indian,  the 
assistance  of  British  troops  was  very  desirable,  and 
greatly  desired.  Xor  was  there  much  complaint  even 
if  these  troops  had  to  be  supported  by  the  colonists 
whose  homes  they  protected — and  that  though  these 
colonists  had  notthe  full  control  of  the  money  raised 
for  that  purpose. 

But  when  there  was  no  longer  any  fear  of  French 
soldier,  civilized  or  savage,  as  all  to  the  North  was 
now  become  also  British,  tlic  case  was  changed. 

It  is  a  part  of  the  very  life  of  English-speaking 
people  that  they  must  govern  themselves — for  well  or 
ill.  Swarms  leave  the  mother  hive:  these  set  up  a 
new  hive  for  themselves,  governed  after  the  ancestral 
model,  iudcod,  but  sclf-govei'ned.  There  is  no  such 
phenomenon  in  English-speaking  colonization  as  in 
the  aricicut  Greek — nor  were  these  colonists  chosen  by 
lot  or  sent  from  an  inferior  grade  of  the  people ;  they 
came  of  their  o\n\  elioice,  and  many  of  England's  best 
and  bravest  found  their  place  in  the  ranks  of  the  ven- 
turesome settlers  of  the  American  wilds. 

I  do  not  know  whether  you  consider  it  a  matter  of 
pride  or  not — probably  not — but  it  must  be  said  that 
New  York  was  not  the  leader  in  opposition  to  flie 
claims  of  the  government  of  King  George — perluips 
Massachusetts  was  the  most  determined  and  self- 
assorting.  Whoever  tl'.e  leader,  arbitrary  acts  were 
met  bv  stubborn  resistance;  and  at  length  a  deplor- 
able, though  perhaps  inevitable,  war  broke  out.  be- 
tween mother  and  daughter;  and  America  claimed 
independence. 

8 


Canada  was  never  lonj;  nbsout  from  the  iniuds  of 
the  leaders  of  the  re\olted  colonies.  It  was  always  a 
desideratum  that  Canada  should  join  the  Union  and 
so  round  off  the  federation  of  States.  Canada,  Brit- 
^h,  might  be  dangerous  to  the  oolonies  now  anti- 
British,  as  she  was  when  anti-British  to  them  still 
British.  The  Continental  Congress  meeting  at  Phila- 
delphia issued  an  address  to  the  Canadians,  filled  with 
turgid  rhetoric,  and  more  tittcd  as  an  argument 
to  philosophers  than  an  appeal  to  simple  people  like 
the  mhabitants  of  Canada.  The  address  wholly  failed 
m  its  object.  Not  that  the  French-Canadians  had 
become  enthusiastic  British  subjects— thev  had  re- 
fused to  furuLsh  the  Governor.  Sir  Ouv  Carletou,  with 
provisions  for  his  troops.  The  addVess  printed  in 
Philadelphia  reached  very  few  Canadians :  fewer  still 
could  read:  and  those  who  could  read  knew  of  an  ad- 
dress to  the  peo]ile  of  England  bv  that  same  Congress 
complaining  bitterly  of  favour' shown  to  the  Cana- 
dians as  a  gross  betrayal  of  Protestant  pi'inciplcs  and 
inveighing  against  the  toleration  of  Poperv,  "  that 
blood  thirsty,  idolatrous  and  hypocritical"  creed." 
Catholics  who  had  been  repeatedly  and  in  the  most 
solemn  manner  assured  of  the  free  exercise  of  their 
religion  under  the  British  Hag  were  not  likely  to 
choose  rather  the  fellowship  iu  allegiance  of  those 
whose  representatives  so  thought  and  so  spoke  of 
their  beloved  Church  and  most  cherished  beliefs. 

Montgomery  and  Arnold  were  sent  North  against 
Montreal  and  Quebec— the  erratic  Ethan  Allen  had 
made  a  di.sma!  failure.  Montreal  was  taken,  and  ^Mont- 
gomery hastened  to  assist  Arnold  at  Quebec.  Mont- 
gomery died  and  Arnold  failed. 

To  Montreal  during  its  (jceupaney  by  the  Ameri- 
cans came  three  Commissioners,  Benjamin  Franklin 
being  one,  taking  with  them  a  French  printer 
from  Philadelphia;  and  they  issued  apjjeals  to  the 
people — in  vain.  The  priests,  who  could  read,  were 
immovable — they  had  been  treated  with  at  least  re- 


spect  by  the  British,  they  were  treated  with  contume- 
ly and  even  with  physical  harshness  by  the  Colonials 
—the  British  had  paid  in  gold  for  all  the  stores  taken 
and  labour  exacted  by  them,  the  Colonials,  if  they 
paid  at  all,  paid  in  paper— and  the  paper  was  repu- 
diated bv  Congress.  It  is  said  that  the  cheating  and 
trickery" of  the  "Bastonuais"  is  still  a  tradition  in 
parts  of  Quebec  after  a  century  and  a  half,  as  tlie 
Angevin  Kings  of  England  are  still  remembered  and 
execrated  by  the  peasants  in  parts  of  France  after  a 
lapse  of  six  hundred  years. 

But  while  all  parties  recognized  that  it  would  be 
for  the  advantage  of  the  United  Cfilonies  that  Canada 
should  join  them  and  so  cease  to  be  British,  George 
Washington  was  sufficiently  clear-sighted  to  recog- 
nize tluit  it  was  bett'r  for  his  country  that  Canada 
should  ))c  British  than  that  she  should  become  once 
more  French.  For,  he  said,  France  with  a  foothold 
on  the  left  iu  Canada,  on  tlie  right  in  Louisiana  and 
holding  all  the  West  of  the  Continent  in  the  rear  of 
the  new  nation,  would  l)c  a  greater  mc-.ice  than  a 
British  Canada.  It  is  not  too  nuich  to  say  that,  even 
then,  it  was,  at  least  bv  Washiugtou.  appreciated  that 
"blood  is  thicker  than  water":  he  frowned  down 
Lafayette's  plan  to  invade  Canada  with  the  aid  of 
troops  obtained  from  France. 

The  revolted  colonies  wholly  failed  to  carry  Can- 
ada with  them;  but  they  achieved  independence  for 
themselves — the  wretchedly-conducted  war  came  to 
an  end. 

The  '  w-abiding  and  law-seeking  genius  of  the  race 
asserted  itself— for  I  maintain  that  the  Anglo-Saxon 
is  essentially  a  lover  of  law,  and  of  law  as  a  means  of 
deciding  disputes.  There  was,  of  course,  no  room  in 
the  preliminarv  articles  of  1782,  or  even  in  the  defi- 
nitive Treaty  of  Peace  of  1783  for  anything  but  a 
statement  of  the  rights  of  the  contracting  parties: 
but  when  time  showed  that  they  were  not  exactly 
agreed  as  to  the  meaning  and  import  of  the  words 


they  had  employed  iu  common,  the  case  was  different. 
A  legislature  may  declare  the  rights  of  parties  by  a 
Statute,  or  imities  may  make  a  written  agreement; 
but  if  they  disagree  as  to  the  meaning  of  the  words 
employed  by  the  legislature  or  bv  themselves,  that 
meaning  must  be  found,  lixed  and  determined  by 
some  tribunal— unless,  indeed,  the  parties  fight  it  out 
physically. 

War  is  tlie  international  ormivaleut  of  trial  In- 
combat — and  war  even  yet  is  not  whollv  obsolete: 
"  'Tis  true  'tis  pity,  and  pity  'tis  "tis  true'." 

But  these  two  English  peojiles,  the  insular  and  the 
continental,  had  more  sense  than  to  rush  to  war  to 
determine  their  respective  rights  under  their  agree- 
ment. And,  accordingly,  the  celebrated  John  Jay, 
when  sent  to  have  the  rights  of  the  .American  people 
better  defined,  as  well  as  to  arrange  matters  which 
had  already  led  to  some  trouble,  and  might  lead  to 
more,  willingly  agreed  that  the  rights  as  declared  by 
the  former  treaty  should  be  submitted  to  a  tribunal 
for  decision — while  he  secured  a  further  agreement  as 
to  other  matters  of  international  irritation.  His 
treaty,  that  of  1794,  has  .Justly  been  called  the  start- 
ing point  of  international  arbitration.  (Not  that 
arbitration  had  previously  been  unknown  among 
the  nations,  for,  as  all  students  of  history  know, 
among  the  states  of  European  Greece  and  "of  Asia 
Minor.  arliitr,iti(in  was  nut  at  all  unronunon.  A  most 
interesting  article — or,  indeed,  volume — might  be 
written  upon  this  topic;  and  I  venture  to  hope  that 
some  of  the  Peace  Societies  or  the  Carnegie  Trust  will 
have  the  history  of  international  arbitration,  ancient 
and  modern,  w.  '-■n  at  no  distant  date.)  But  the 
Jay  Treaty  is  first  in  modern  times  of  an  in- 

ternational arbitiutiou  between  great  nations,  and, 
consequently,  it  deserves  all  the  fame  which  it 
actually  enjoys. 

The  negotiation  of  this  Treaty,  while  it  forms,  per- 
haps. Jay's  best  claim  to  immortality,  was  fatal  to 
n 


his  honourable  and  natural  ambition  to  become  Presi- 
dent of  the  United  States.  Politics  were  then  as  bit- 
ter and  as  unjust  as  at  the  preSeut  day :  and  charges 
against  J.iy  of  selling  his  country  wore  made  and  be- 
lieved in  a  generation  which  listened  witli  patience 
and  almost  with  credulity  to  the  charge  of  defrauding 
the  nation  made  against  (h-orge  Washington — for 
evrn  he  was  charged  with  dishonestly  taking  public 
mniicy. 

Posterity  has  beer  kinder  and  more  just. 

By  the  Treat}'  of  1  (94,  it  was  arranged  that  matters 
in  (lispute  should  be  referred  to  arlutratiou — and 
(with  one  exception)  since  that  time  to  this,  more 
than  100  years  after,  there  has  been  no  armed  conHict 
between  the  mother  couutiy  and  her  loyal  colonies  on 
the  one  hand,  and  the  separated  ccdonies  on  the  other 
— a  splendid  i:)roof  of  the  sense  of  justice  and  right  on 
either  side. 

By  day's  Ti'caty,  it  was  referred  to  a  Board  of 
Arbitrators  selected  by  the  two  governments  .fith 
another  selected  by  these,  to  determine  what  river 
was  meant  by  the  "Ste.  Croix"  in  the  Treaty  of 
Peace.  Three  arbitrators  were  sufficient  for  that. 
But  there  were  claims  for  money  by  British  subjects 
and  American  citizens :  and  with  that  keen  sense  of 
the  importance  of  money  which  has  never  failed  the 
Anglo-Saxon  since  the  times  in  which  he  assess^ed,  at 
a  fixed  money  I'ate.  the  value  of  the  life  of  all  from 
king  to  villeiii,  five  arbitrators  were  to  pass  upon  the 
money  claims.  The  boiuulary  arbitrators  failed, 
and  si),  too,  did  the  arbitrators  on  the  British  claims. 
The  latter  claims  were  in  1802  eonii)voraised 
at  £600,000— while  the  former  dispute  continued  to 
trouble  the  nations  for  forty  years  longer.  The 
boundary  was  a  matter  directly  affecting  Canada,  as 
have  been  most  of  the  matters  leading  to  international 
dispute,  negotiation  and  arbitration. 

Then,  as  for  many  years  thereafter — and  indeed  in 
some  remote  parts  even  at  this  day — Americans  were 
12 


under  the  impression— nay,  tlio  profouiil  eonvii-ti.in. 
that  moiinrcliy  is  of  necessity  tyranny  and  that 
Canada  was  fjnmnd  down  nailer' tlie  iron  heel  of 
ojijiression— and  some  Americans  liad  sufficient  cour- 
age and  spirit  of  self-sacrifice  to  help  her  to  be 
free.  Canada  has  an  awkward  wav  of  taking  such 
efforts  seriously,  and  of  dealinf;  sterulv  with  those 
who  interfere  with  her;  accordinnlv  when,  shortly  be- 
fore the  end  of  the  18tli  century,  agitators  fron'i  the 
south  of  the  boundary  line  caiiie  into  Canada,  they 
were  looked  aftei'  with  car( — an<l  one  of  them,  >Ic- 
Lane,  was  in  1797  drawn,  hansed  and  quartered  at 
Quebec  for  endeavouring  to  stir  up  a  rebellion  against 
the  King. 

McLane's  scheme  involved  an  invasion  by  a  large 
force  from  Vermont,  well  equipped  with  artillery, 
ai-ms  and  ammunition.  There  can  be  no  doubt  that 
the  government  of  the  United  States  was  quite  inno^ 
cent  of  any  ))articii)ation  in  the  plan  (it  is  indeed  sug- 
gested that  McLane  was  partially  insane) ;  but  there 
is  equally  no  doubt  that  the  Vcrmonters  wished  to 
have  the  use  of  the  St.  Lawreiice  and  had  become  dis- 
couraged by  the  attitude  of  the  British  Government 
in  regard  to  the  navigation  laws. 

From  almost  the  very  inauguration  of  the  United 
States  there  was  a  party  of  considerable,  though 
varying,  strength  which  aimed  at  the  absorption  of 
Canada;  and  from  the  end  of  the  18th  centurv.  the 
administrati  i  in  Canada  lived  in  fear  of  an  attack 
from  the  so^  ,\.  These  fears  were  openly  expressed 
in  correspon..eiice  with  the  Home  authoi-ities ;  and  at 
length,  in  1812,  the  long  anticipated  war  broke  out. 
I  do  not  intend  to  discuss  the  real  origin  and  occasion 
of  that  war.  Jlr.  Forster  has  done  so  recentlv  at  the 
Washington  meeting  of  the  American  Society  for  the 
Judicial  Settlement  of  International  Disputes. 

Washington  was  captured  and  in  part  burnt;  but 
so  were  Newark,  the  previous,  and  York  (Toronto), 
the  then  capital  of  Upper  Canada. 

13 


I  say  nothing  further  as  to  the  military  opera- 
tions and  the  suecess  and  eonduct  of  tlie  troops 
on  cither  side — the  Adjutant-General  of  the  State  of 
New  York,  Oincral  Verhei.'k  of  this  city,  lias  said 
something  alx)ut  tliat  very  recently.  The  war  was 
wliolly  unnecessary,  and  the  avowed  were  not  the  real 
objects.  But  that  war  came  soon  to  an  end — it  never 
should  have  l)ep;un. 

"Inter  arma  .silent  leges,"  but,  "Armibus  silenti- 
bus,  lex  proprium  vigorem  habet."  And,  according- 
lj%  when  the  two  branches  of  the  lace  had  satiated 
their  taste  for  gore— for  they  would— and  will— any 
time  sooner  fight  than  eat — law  liad  its  way.  The 
Treaty  of  Ghent  was  entered  into,  which  provided 
for  a  deterniiuatiou  by  arbitration  of  the  matters  still 
in  dispute  (Dec.  24tli.  181-t).  The  ostensible  causes 
of  the  war  were  not  so  mucli  as  mentioned  in  the 
Treaty. 

Tliere  is  a  bay  on  the  Atlantic  coast  called  the  Bay 
of  Passamaquocldy,  in  wliicli  arc  a  tew  islands — of  no 
great  intrinsic  value  indeed.  l)Ut  then  since  Saucho 
Panza's  time  an  "Island"  has  had  a  sentimental 
value.  (I  find  that  in  a  solenm  law  report  of  a  very 
famous  case,  in  181(5,  Upper  Canada  is  called  an 
"Lsland" — I  presume,  by  way  of  compliment.)  These 
islands  in  Passamaquoddy  Bay  were  claimed  as  form- 
ing part  of  the  United  States,  and  by  the  other  party 
as  forming  part  of  Nova  Scotia.  They  v.ere  not  large, 
but  large  enough  to  be  a  pretext  for  war,  if  either 
country  really  desired  it. 

The  Treaty  of  Ghent  provided  that  a  Commissioner 
should  be  appointed  by  the  King,  another  l)y  the 
President,  and  that  these  should  determine  upon  the 
claims.  It  was  provided  that  if  the  Commissioners 
could  not  agree,  the  mutter  was  to  be  referred  to  L^ome 
friendly  Sovereign  or  State.  Fortunately,  the  Com- 
missioners, Messrs.  Holmes  and  Barclay,  were  able  to 
agree:    they   gave   Moose,   Dudley   and   Frederick 


Islands  to  the  Unitcrt  States,  and  the  remainder  to 
Britain — and  thus  that  little  trouble  was  settled. 

Commissioners  -were  also  a])pointed  to  determine 
the  northern  houndaiy  of  Maine;  they  did  not  a^rcc; 
it  was  arrang-'d  in  lf527  to  refer  this  to  a  friendly 
Sovereign;  and  the  King  of  the  Netherlands  was 
seleeted.  He  made  an  award  in  1S31  satisfac- 
tory to  neither  party.  Both  repudiated  it,  and  the 
boundary  was  at  length  settled  in  1842  by  the  Web- 
ster-Ashb'irton  Tr<'aty,  or  the  Ashburton  "Capitula- 
tion." as  the  sarcastic  Palmeiston  called  it.  We 
Canadians  have  not  quite  got  over  the  "Capitulation" 
yet,  and  we  tliank  Lord  Palmerston  for  that  word. 

But  Messrs.  Porter  and  Barclay,  the  Commission- 
ers appointed  under  another  clause  of  the  Treaty  of 
Ghent  to  determine  the  boundary  at  the  Lakes  On- 
tario, Erie  and  Huriiu.  were  entirely  successful  in 
arriving  at  a  satisfactory  award:  and  this  award 
given  at  Utici,  June  18tli,  1822,  was  received  with 
universal  api<rot)ation. 

Consequently,  this  Treaty  was  successful  in  deter- 
mining two  out  of  tliree  matters  of  controversy,  either 
of  which  might  easily  have  can  i  awkward  compli- 
cations. 

Then  there  was  another  provision  in  the  Treaty  (if 
Ghent  which  was  destined  to  give  trouble  subsequent- 
ly, and  that  was  the  article  ])roviding  for  the  imme- 
diate delivery  and  restitution  of  all  property  taken 
by  the  forces  of  either  party  during  the  war.  Some 
slaves  had  been  allowed  to  get  away  upon  the  British 
war  vessels,  etc.,  and  claim  was  made  for  their  value. 

By  the  law  of  England,  when  a  slave's  foot  touches 
English  ground,  he  becomes  free. 

"Slaves  cannot  breathe  in  England;  if  their  lungs 
Receive  our  air.  that  moment  they  are  free ; 
They  touch  our  country  and  their  shackles  fall." 

The  warship  is  by  international  law  part  of  the  coun- 
15 


try :  nud  tlipsc  slnvos  lind  therefore  beeome  free.  Eng- 
land would  not  give  them  iii),  and  could  not  in  honour. 
In  1818  nn  n({rciment  was  niiide  tlint  the  linl)ility  of 
Britain  to  pay  should  lie  deli^i  niincd  1)\  some  friendly 
Sovereign  or  State.  Tlie  matter  wasrefi'rred  to  the 
Emjieror  of  Russia,  and  he  made  a  eonipromise 
award;  then  in  1822  it  was  agreed  that  the  amount  to 
be  ])aid  sliould  lie  determined  by  C'limmissiouers  ap- 
pointed by  tile  two  goveiiiments.  In  the  long  run, 
however,  a  lump  sum  was  agin  '  iiiion  by  the  govern- 
ments. This  was  jiaid.  and  -  iliat  souree  of  trouble 
was  stopjied  uj). 

About  18.')7,  a  greater  or  less  number  of  Canadians 
eonceived  that  tlicy  eould  not,  by  eonstitutional 
means,  obtain  relief  from  what  was  undoubtedly  a 
wrong  system  of  government — an  iri'esponsible  gov- 
ernment— and  in  both  I'pper  and  Lower  Canada  rc- 
bellicjns  broke  oul,  only  to  be  quickly  suppressed. 
■'S\Tnpathizers"  from  Vennont  madctheir  appear- 
ance in  Lower  Canada,  but  nn  t  a  speedy  repulse. 
Mackenzie,  the  leader  of  the  Rebellion  in  Upper  Can- 
ada, effected  hi^,  escape  from  the  loyal  troops,  and 
established  himself  on  Xavy  Island  in  the  Niagara 
River.  A  few  American  sympathizers  joiiud  him 
there ;  but  they  did  no  great  harm,  and  so  far  as  I  can 
learn,  no  good,  for  only  the  lawless  remained  with 
him.  All  along  the  international  boundary  "Hun- 
ters' Lodges"  were  organized  with  the' purpose  and 
design  of  invading  Canada ;  and  there  was  in  1838  a 
fiasco  of  an  invasion  by  a  small  force  which  took 
possession  of  Xapierville.  They  left  for  home  with 
great  celerity  upon  the  approach  of  a  British  force. 

About  the  same  time  an  enthusiastic  and  thorough- 
ly honest  patriot,  Von  Schi,ltz,  a  Polish  refugee  in 
the  United  States,  headed  a  small  body  of  men,  who 
landtd  on  Canadian  soil  near  Prescott.  He  was 
cooped  up  by  the  Canadian  Militia  in  the  Stone 
Windmill  still  standing,  and  after  suffering  much 
loss,  he  capitulated  with  the  remainder  of  his  men. 
16 


Illlll' 
niiiii- 


Aftcrtlmtnwkwnid  mniiin  v„f  tliciis.ipfwluili  I  luivc 
alnndy  spoken,  tlie  Cnnndinns  tmt  him  on  triiil  for 
his  ifp  nt  Kingston.  He  was  (Icfcnilod  liv  a  voiin^ 
lawyor,  nftciwnids  tlu>  Hist  I'riinc  Minister  .'if  the 
Dominion,  found  >;uilty  nnd  cxiiMiti'd  witli 
otlicrs;  i:i(i  were  s^nti  iiccil  to  death,  liiit  tlie 
bcr  of  10  wns  fonsidered  suffieicnt  iii  Irrroirm. 

Tlion,  nt  tlie  other  end  of  \.'\)\wv  Canada,  n  nmn- 
ber  of  ••SyiiipathiziTs,"'  after  tlii'V  iiad  liiiied  a  few 
Caundinns,  were  caught  liy  Colonel  Prinee.  Some  of 
them  were  simminrily  sliot,  «nd  seven  afterwards 
tried  hy  the  eivil  courts,  found  guilty  of  murder  and 
e.xeeuted.  There  never  were  anv  "nioie  "Svnipa- 
thizers"  in  Canada,  I<:ast  or  West.  Placards  were 
posted  in  Detroit,  offeiing  $H(K)  reward  for  the 
Colonel  dead,  nnd  *1,0()0  for  liini  alive;  Imt  he  kept 
safe  on  Canadian  soil,  and  lived  for  long  venrs  there- 
after. 

A  very  sntir^fnetoiy  arhitration  took  place  in  18.')4- 
55  imder  a  tref.ty  of  185?,  in  reference  to  claims  made 
again.rt  either  country  by  citizens  of  th.  other. 
Joshua  Bate.».  nn  Aniericnn  who  lived  in  London,  was 
appointed  Umpire  by  the  two  Commissioners,  nrd  he 
conducted  the  arbitrntion  to  the  coimivm  .satisfaction 
of  all — except  those  who  lost. 

Ever  .since  the  organization  of  the  Republic  there 
had  been  trouble  about  trade  matters,  and  in  1854  a 
treaty  was  entered  into,  the  well-known  "  Reciprocity 
Treaty." 

I  cannot  do  much  more  than  simply  refer  to  this 
Treaty,  so  far  as  its  commercial  aspect  is  concerned. 
After  it  had  been  in  force  for  some  twelve  years  it 
was  denounced  by  the  United  States.  While  it  had 
defects  and  was  not  wholly  satisfactory  to  either 
party,  it  was  not  these  defect's  which  cau.sed  its  denun- 
ciation. The  people  of  the  United  States  tiiought— 
rightly  or  wixmgly,  I  do  not  enquire — that  Biitain 
had  been  unfair  in  her  dealings  with  the  North  during 
the  Civil  War;  and  the  dislike  engendered  by  this 


fcolinK  had  its  oiitoomo  in  tlio  inti'i'iintlonol  relations 
witli  <  'aiin<la.  It  wax  tliinml't  tliat  Canada  should  ex- 
IMTii'Mcf  the  n'scntmcnt  felt  againMt  lifi  suzerain,  and 
should  suffiT  vicariously  for  her  sins.  And  it  was 
oprnly  stated  in  Oougress  and  eNiwhere  that  Canada 
mu:<t  be  eompelled  to  unite  her  destinies  with  those  of 
the  older  and  more  poimlous  nation  to  the  south, 
under  penalty  of  beiun  cut  off  from  the  trade  of  the 
eontinent  to  wliieh  they  both  belonged. 

And  80  the  Treaty  was  denounced.  Whether  the 
pact  now  under  consideration  will  ever  come  into 
effect  or  whether,  if  it  should,  it  will  be  for  the  ad- 
vantage of  one  people  or  the  other,  of  neither  or  of 
both,  I  do  not  enquire.  Such  matters  are  "taboo"  to 
His  Majesty's  Justice. 

But  this  Treaty  of  lH."i4  pi'f)vidc>d  that  two  Commis- 
sioners should  be  appointed  with  power  to  select,  if 
neccssarv,  a  third  by  lot.  Vhese  were  to  examine  the 
coasts  of  British  A.-.erica  and  the  United  States,  and 
deteiininc  the  places  reserved  by  the  Convention  of 
1818,  etc.,  for  the  British  fishei-men.  I  cannot  say 
that  the  relations  of  the  two  nations  in  respect  of  the 
ri);ht  to  tish  have  ever  been  all  that  could  be  wished. 
Perhaps  the  award  of  1910  may  clear  the  air  and 
make  these  relation?  more  satisfactory  and  cordial  in 
the  future. 

While  all  this  was  Roins  on  in  the  East,  there  was 
a  little  dispute  in  the  far  West.  The  Hudson's  Bay 
Company  and  the  Puget  Sound  Agri(;ultural  Com- 
pany hail,  before  1846.  become  i.ossessert  of  property, 
farms,  etc..  In  the  new  territory  at  what  was  subse- 
quently the  North- Western  part  of  the  United  States, 
but  then  a  kind  of  No  Man's  Land,  claimed  indeed  by 
Britain  as  well  as  the  United  States.  When  the  na- 
tions in  1846  settled  that  the  4<Jth  parallel  should  be 
the  international  boundary,  it  was  agreed  that  the 
possession  rights  of  the  Hud.son's  Bay  Company  and 
others  in  occupation  of  land  or  other  property  south 
of  that  parallel  should  be  respected  by  the  United 

18 


States — and  further  that  any  land  or  other  property 
of  the  PuRct  Sound  Aurieurtiunl  Compnnv  tnkeu  bv 
the  United  States  hIiouIcI  ho  paid  tor.  As  was  mit 
unnatural  the  parties  could  nut  n({ree,  and,  accord- 
ingly, in  1863  a  Treaty  wn.i  entered  into  fur  the  ap- 
pointment of  Commissioners  to  determine  the  proper 
amount  to  be  paid.  Each  nnvernmeut  was  to  select 
one  Commissioner,  they  if  necessary  n  third— or,  if 
thev  could  not  uiiviv  upon  the  thinl  mini.  \\\r  Kins;  of 
Italy  was  to  select  him.  Some  six  years  after- 
wards, in  1869,  Messrs.  Alexander  S.  .tohnson  and 
John  Rose,  the  Conuuissioners,  made  tlieir  awaid, 
giving  the  Hudson's  Bay  Companv  $4.')(I,(KH)  and  the 
PuRet  Sound  ARricultural  Com|)anv  $200.(X)()  in  full 
of  all  claims.  It  will,  of  course,  he  apparent  that 
this  Treaty  end  award  did  not  affect  Canada,  as  Can- 
ada was  then  con.stituted.  The  Dominion  of  Canada 
was  not  formed  till  1867,  i.e..  after  the  Treaty:  and 
British  Columbia  adjoining  the  Xorth-West  part  of 
the  United  States  did  not  form  jiart  of  the  Dominion 
till  1871.,  after  the  award. 

So  far  all  the  Treaties  were  made  without  consul- 
tation with  Canada.  Canada  was  too  young,  it  was 
thought,  to  be  entrusted  with  the  negotiation  of  bar- 
gains affecting  herself.  But  in  1871  a  change  was 
Made  of  great  import  to  all  concerned.  For  the  first 
time,  a  Canadi.in  was  nai 1  one  of  tlic  Commission- 
ers to  negotiate  a  treaty  with  the  United  States— Sir 
John  Alexander  Macdonakl.  K.C.B.,  Prime  Minister 
of  the  Dominion.  It  is  the  firm  conviction  of  many 
Canadians  that  up  to  this  time  the  rights  and  interests 
of  Canada  never  received  due  consideration — that  the 
mother  country  was  too  anxious  to  have  peace  with 
her  revolted  and  separated  daughter  to  pay  adequate 
attention  to  her  who  remained  a  member  of  the 
family. 


But  thereafter  this  cannot  be  said.     \o  treaty 
has,  since  1871,  been  made  without  the  wishes  and 
19 


claims  of  Canada  receiving  the  most  hearty  considera- 
tion and  support. 

The  Treaty  of  Washington,  proclaimed  4th  July, 
1871,  is  one  of  the  most  important  agreements  ever 
made  between  two  peoples. 

In  the  first  place,  there  were  the  cinims  arising  out 
of  the  depredations  upon  American  commerce  during 
the  civil  war  hv  the  "Alabama"  and  other  vessels 
allowed  to  escape  from  British  ports.  It  was  agreed 
that  a  Board  of  Arbitrators  should  be  appointed,  one 
bv  Britain,  one  bv  tlic  United  States  and  one  each  by 
the  King  of  Italv,  the  Emperor  of  Brazil  and  the 
President  of  the'  Swiss  Confederation— to  meet  at 
Geneva  and  decide  "the  Alabama  claims"  as  they 
■were  called.  That  Board  was  appointed.  It  met  at 
Geneva,  and  made  an  award  in  which  Sir  Alexander 
Cockl)urn,  the  British  Commissioner,  did  not  .join- 
on  the  contrarv  he  entered  a  most  vigorous  dissent. 
But  Britain  made  no  delay  in  paying  the  amount 
awarded. 

Then  there  were  the  St.  Alban's  claim  and  the  like 
arising  from  acts  of  Confederates  who  had  been  shel- 
tered in  or  allowed  to  escape  from  Canada,  and  who 
did  mischief  in  the  Northern  States.  A  Board  of 
three  Commissione  s  was  to  lie  appointed  for  these 
claims,  one  bv  each  nation  and  one  by  them  .iointly, 
and  if  they  could  not  agree  the  Spanish  Minister  at 
"Washington  was  to  appoint.  That  Board  met  at 
Washington  and  passed  on  some  500  claims,  in  most 
instances  unanimously. 

Another  matter  of  arbitration  arose  out  of  the  pro- 
visions of  this  Treaty  itself  in  respect  of  the  privi- 
leges given  to  the  citizens  of  each  country  to  flsh  in 
the  waters  of  the  other.  A  Board  was  to  be  appointed 
to  investigate  and  pass  upon  this  matter— one  MDm- 
missioner  bv  each  contracting  party  and  a  third  by 
the  parties  jointly,  or,  if  they  could  not  agree,  by  the 
Austrian  Minister  at  the  Court  of  St.  James.  This 
Board  met  at  Halifax,  and  made  an  award  which  was 


much  in  excess  of  the  amount  the  American  people 
had  anticipated.  For  some  time  it  looked  as  though 
the  award  would  not  be  accepted  by  the  United 
States;  but  better  counsels  prevailed,  and  the  amount 
was  at  length  paid. 

There  was  also  a  question  of  boundary  left  un- 
settled. In  tlie  Treaty  of  184G,  the  boundary 
line  at  the  extreme  West  was  thus  described — 
"the  middle  of  the  chanuel  which  sei)arates  the 
Continent  from  Vancouver  Island."  This  itself 
aro.se  from  a  comi)roiuisc.  Up  to  1818,  Britain  rlaiuied 
the  land  in  the  west  down  to  the  Columbia  Hiver, 
which,  at  its  mouth,  was  lietweon  46  or  47  degrees 
\.L.,  while  the  Uniti'd  States  claimed  north  to  -34  de- 
p-ees  40  minutes.  In  181S,  an  anaiiiiomeut  was  en- 
tered into  by  the  two  countries  that  all  this  territory 
should  be  open  for  ten  years  to  settlement  l)y  citizens 
of  either  country.  In  1821  and  182().  there  wore 
attempts  to  settle  the  l)oundary.  I)ut  tliey  failed — and 
one  presidential  elccti<in  was  fon,i;ht  on  tlie  cry: 
"Fifty-four  forty  or  tight."  At  last,  in  184(i,  a  com- 
promise offer  was  made  by  Great  Britain  that  the  line 
of  49  deg.  should  be  taken  to  the  ocean,  and  that  the 
whole  of  Vancouver  Island  should  Ije  British.  This 
was  accepted ;  and  the  boundary  was  fixed  and  defined 
as  I  have  already  mentioned.  Wlien,  however,  Van- 
couver Island  came  to  Ix-  explored  tliere  were  found  to 
be  not  one  but  tlir<-c  main  channels  between  the 
Island  and  the  mainland — De  Ilaro  next  to  Van- 
couver, Kosario  next  the  mainland  and  Douglas  be- 
tween. Of  course,  Britain  claimed  that  Kosario 
should  be  taken  as  "the  chauner';  the  United  States, 
De  Haro.  Between  these  lay  San  Juan  and  other 
islands,  not  worth  much  except  a.s  a  source  of  irrita- 
tion and  as  affording  a  possible  pretext  for  war.  An 
American  commander,  Ilarvey,  occupied  the  island  of 
San  .Juan  with  an  armed  force.  British  men-of-war 
were  sent  out,  and  war  was  perihjusly  near.  But  com- 
mon sense  prevailed:  negotiations  resulted  in  the 
21 


joint  occupation  of  the  Island  for  the  time  being  by 
British  and  Amcrii'an  soldiers. 

By  the  Treatv  of  Washington,  the  question  was  re- 
ferred for  determination  to  the  Emperor  of  Ger- 
many: he  decided  in  fayour  of  the  American  claiin, 
and  Vou  got  the  Islands.  Then,  in  1873,  the  whole 
boundary  was  finally  settled  (except  on  the  Alaska 
side)  bv'the  Commissioners.  . 

Canadians  haye  a  story  that  the  compromise  of 
1846  was  offered  by  Pakenham,  the  British  Ambassa- 
dor l)ecauso  he  h'ad  heard  that  the  salmon  in  the 
Columbia  River  would  not  ri«'  to  a  fly:  and  as  a  con- 
sequence that  river,  in  his  ■  pinion,  was  quite  value- 
less The  "few  arpeuts  oi  -^now"  which  the  i  rench 
cave  up  without  re-ret  found  their  correlative  in  a 
river  with  .sahuou  .«>  destitute  of  spirit  that  they 
would  not  take  a  fly. 

Everyone  must  know  of  the  trouble  the  seal  fishing 
in  the  Pacific  Ocean  is  .still  causins— the  trouble  was 
more  acute  twenty  years  ago.     The  United  States 
claimed  a  sovereignty  over  the  waters  ot.th'^  i^a'-'hc 
and  the  seal  fisheries  in  that  ocean,  which  Biitam 
(and  Canada)  refused  to  a.-kuowledge.    Arme(l  ves- 
sels were  sent  bv  the  ruited  States  to  patrol  these 
waters,  and  sonic  seizures  were  made  of  Canadian 
yessels.    This  is  the  stuff  that  wars  are  made  of— and 
it  must  be  reeo^uized  that  had  Britani  >eeu  looking 
for  war  she  had  pretexts  at  hand  which  were  more 
weighty  than  many  upon  which  lou-  and  sanguinary 
wars  have  been  wa^-ed.    But  the  America      .immand- 
ers  far  from  theirgovernment,  acted  wit.,  prudence ; 
and  neither  jx-ople  was  anxious  for  an  armed  struggle. 
A  modus  Vivendi  was  arrived  at:  and  subsequently  a 
Board  of  Arbitrators  was  agreed  upon  to  detei-mme 
the  matters  in  controversy.    By  this  Treaty  of  1892 
each  power  was  to  name  two  Commissioners  and  the 
Kin"  of  Sweden  and  Xorway,  the  King  of  Italy  and 
the  President  of  France  one  each,  making  a  Board  ot 
53 


seven  in  all.  One  of  these  was  a  Canadian  Minister  of 
the  Crown,  and  Canadians  took  miwh  of  the  burden 
of  the  reference.  This  was  the  Paris  Commission, 
which  awarded  $42.5,000  to  be  paid  bv  the  United 
States  to  the  subjects  of  Britain. 

The  only  part  of  the  international  boundarv  not 
settled  was  on  the  Alaska  side.  Canada  claimed  most 
of  the  lonfT  toujjue  to  the  .*outh  of  the  main  part  of 
Alaska  and  running'  along  liv  the  sea.  Americans  said, 
"What  we  have  wi>  will  hold"— and  uesotiation.s 
came  to  an  imjiasse.  In  1!)03  it  was  agreed  to  I'efcr 
the  matter  to  a  tril)uniil  of  si.\  juvi.><ts  oif  repute,  three 
to  be  named  by  each  Oovei'umeut.  Two  (Canadians, 
three  Amcrican.s,  s.at  upon  this  tribunal,  and  tlie  sixth 
was  Lord  Alverstone.  Lord  Chief  .Instice  of  England. 
This  Board  sat  durini;  the  then  ensuinf;  summer  iu 
London,  and  gave  a  decision  in  wliicli  the  Canadian 
members  did  not  concur.  Hut  the  majm-itv  award 
.was  accepted,  and  has  Iicen  loyally  submitted  to. 

In  1908  a  Treaty  of  Arbitration  was  entered  into  at 
Washington  by  the  Fiiitcd  States  and  Great  Britain 
after  the  failure  of  the  previous  Treaty  of  1897 
through  the  Senate  refusing  to  apj)rove.  It  pro- 
vided that  differences  which  might  arise  of  a  legal 
nature,  or  relating  to  the  interpretation  of  treaties 
existing  between  the  two  contracting  parties,  and 
which  could  not  be  settled  by  diplomacy,  should  be  re- 
ferred to  the  permanent  Court  of  Arbitration  estab- 
lished at  The  Hague  by  the  convention  of  ,Iuly  29th, 
1899,  provided  they  did  not  affect  the  vital  interests, 
the  independence  or  the  honour  of  the  two  contracting 
States,  and  did  not  concern  the  interests  of  third 
parties. 

Article  II  provides  that  iu  each  individual  case  the 
parties  were  to  conclude  a  special  agreement  defining 
the  matter  in  dispute,  the  scope  of  the  powers  of  the 
arbitrators  and  the  times  to  be  set  for  the  several 
stages  of  the  procedure. 

It  was  in  conformity  with  the  provisions  of  this 


Treaty  that  the  special  agreement  was  entered  into, 
with  the  concurrence  of  the  governments  of  Canada 
and  Newfoundland,  for  submission  to  The  Hague 
Permanent  Court  of  Arbitration  of  questions  re- 
lating to  fisheries  of  the  North  Atlantic  Coast.  The 
questions  arose  under  the  convention  of  1818,  which 
gave  (Article  I)  certain  rights  to  the  inhabitants  of 
the  United  States  to  fish  in  British  waters.  This 
special  agreement,  signed  at  Washington,  January 
27th  1909,  eonfliTOed  bv  interchange  of  notes  March 
4th,  1909,  set  out  the  matters  in  dispute,  and  the  con- 
tentions of  either  party.  ^,  •  ■  t    *■ 

The  Board  apjjointed  contained  the  Chief  Justice 
of  Canada  and  a  Justice  of  United  States  Circuit 
Court  of  Appc  ■■,  as  well  as  an  Austrian,  a  Dutch- 
man and  an  Argentine.  Canadian  counsel  again  took 
part  in  the  presentation  of  the  case  of  Great  Britain, 
and  assumed  much  of  the  burden  of  its  preparation. 
The  result  seems  to  have  been  satisfactory  to  both 
sides,  as  each  claims  a  substantial  victoiy.  "O,  si 
sic  omnes."  ,  ,  ,, 

"Peace  hath  her  victories  no  less  renowned  than 
war";  and  can  anything  be  of  grander  significance 
than  the  fact  that  two  nations  who  are  among  the 
most  powerful  that  ever  existed,  whose  whole  history 
is  full  of  deeds  of  valour  on  the  tented  field,  who  tear 
no  foe  and  who  feel  a  stain  like  a  wound,  have  for 
more  than  a  century  found  peaceful  means  for  the 
settlement  of  disputes,  sometimes  of  a  grave  nature, 
and  the  accommodation  of  misunderstandings  not 
seldom  acute  ?  And  questions  of  very  varied  charac- 
ter have  thus  been  disposed  of.  The  obligation  to  pay 
for  runaway  slaves  and  their  value,  the  i-ight  to  fish  in 
certain  waters,  and  the  amount  to  be  paid  for  fisheries 
where  no  such  right  exists,  the  value  of  lands  taken  by 
a  Government  from  the  citizens  of  another  nation, 
the  determination  of  River  and  Channel,  the  owner- 
ship of  island  and  other  territory— money,  land,  na- 
tional boundary— all  have  been  considered  and  suc- 

24 


cosFfully  oonsulcna.  F(ir  wliilp  I  <],,  ,•  ,  ,,11  sav  that 
I  have  made  an  aeeuintc  divL-iidn  ( ,  vaiio\is  treat- 

ies, this,  broadly,  is  the  result :  Of  lu.aters  which  were 
peculiarly  pecuniary,  there  were  five  snlmiitted— two 
arbitrations  were  wliolly  suc-esslul  and  tliree  were 
not  sneeessful.  Of  matters  whicli  were  not  simply 
pecuniary,  but  involved  territory  or  sometliins  of 
that  kind,  ten  were  sidjiiiitted  to  coinmissioiiers— 
eight  arbitrations  were  wholly  sneeessful  and  two  not 
successful.  There  were  four  references  to  sovereigns, 
tliree  of  which  were  successful.  Therefore,  of  the 
nineteen  references,  tliirteeu  were  whollv  successful 
and  only  six  have  failed:  and  this  I  ventiire  to  sav  is 
an  admirable  showing. 

How  do  we  now  .stand?  There  are  three  main 
agreements,  the  Treaty  of  1908  (of  which  1  ha\-e  al- 
ready spoken),  another  (.f  19(19  (the  Waterways 
Treaty  of  much  the  .same  character),  and  tlie  Uusli- 
Bagot  Convention  of  1817. 

The  Waterways  Treaty  was  signed  January  11th, 
1909;  it  provides  for  the  establishment  and' main- 
tenance of  an  International  Joint  Commissio.i  of  the 
United  States  and  Canada— tliree  appointed  by  each 
government — which  commission  should  (Article 
yill)  have  jurisdiction  over  and  pass  upon  all  cases 
involving  the  use,  obstruction  or  diversion  of  the 
waters  between  the  United  States  and  Canada. 
Article  IX  contains  an  agreement  that  all  matters  of 
difference  lietween  the  countries  inxolving  the  rights, 
obligations  or  interests  of  either  in  relation  to  the 
other  or  to  the  inhabitants  of  the  (ither  along  the  fron- 
tier, shall  be  referred  to  tliis  commission  for  inquiry 
and  report.  Article  X  provides  that  any  question  or 
matter  of  diiiference  involving  the  rights,  obligations 
or  interests  of  the  Tnited  States  or  of  Canada,  either 
in  relation  to  each  other  or  to  tlieir  respective  inhabit- 
ants, may  be  referred  for  deci.sion  to  this  Interna- 
tional Joint  Commission.  If  the  commission  be 
equally  divided  an  umpire  is  to  be  chosen  in  the  man- 


ncr  provided  by  Act  45  of  The  Hague  ^onveiition  of 
October  18th.  1907.    This  may  be  <=«»?*  a  mimatme 
Hague  tribunal  of  our  own.  just  for  us  Enghsh-speaK 
iliK  nations  of  the  Continent  of  North  America.  And 
it  goes  further  tiian  tl>e  Treaty  of  1908,  as  will  be  seen 
bv  reference  to  its  provisions. 
"The  Rush-Bagot  arrangement  arose  in  this  way. 
durrngX  war  of  1812  some  damage  had  been  done 
and  more  annovauce  .'aused  by  armed  vessels  upon 
?he  Great  L..k-o^.      The  Treaty  of  Ghen    did  not 
pro^"de    that    such    armed    forces    f u,u  d    not   be 
kent  urv   but   it   became   apiiarent  to     both   sides 
thTt  it  wo  Id  be  well  strictly  to  limit  the  number 
Tnd  quaUtv  of  armed  vessels  upon  the  fresh  waters 
between  the  two  countries.    After  some  "^f otiation 
notis  wre  interchanged.  April  28th  and  29th,  1817, 
containing   the    '-Rush-Bagot    convention,      which 
noh'S  contained  an  agreement  by  one  and  the  other 
party  iSg  the  naval  force  to  be  kept  on  the  lakes 
?o  aVen  ft'^v:  on  Lake  Ontario,  one  vessel;  on  the 
Unnei  Lakes,  two  vessels:  on  Lake  Champlam.  one 
XT;  n 'ne  of  the  vessels  to  exceed  one  ''""dred  ton« 
burden  and  each  to  have  but  one  cannon  ot  18  pounds 
It  was 'agreed  to  dismantle  forthwith  all  other  armed 
vesTek  on  the  lakes,  and  that  no  other  vessels  of  war 
should  be  there  built  or  armed;  six  months    notice 
to  be  given  by  either  party  of  desire  of  annulling  the 

''Selrrangement  was,  after  some  delay,  submi^tted 
bv  t  e  President  to  the  Senate,  and  that  body  in  1818 
anOTOved  of  and  consented  to  it.  I  understand  that 
constUutional  lawvers  in  the  United  States-and  all 
lawers  in  the  United  States  are  constitutional  law- 
ve^-are  not  agrjeed  as  to  the  necessity  for  the  Presi- 
Ln?  to  lav  this  agreement  before  the  Senate  or  for  the 

'rLrblCrilv  observed,  except  where  the 
consent  of  Canada  has  been  obtained  to  trifling  varia- 


tions  from  its  teims,  variations  more  in  the  letter 
than  in  the  spirit. 

The  understanding  was,  however,  in  great  danger 
in  1864.  The  Minister  of  the  United  States  in  Lon- 
don was  instructed  in  October  of  that  year  to  give  the 
six  months'  notice  required  to  tenninate  the  agree- 
ment; and  Mr.  Adams  did  so,  with  tlie  subsequent 
approval  of  Congress.  Before  the  lapse  of  the  time 
specified,  however,  matters  on  the  lakes  had  taken  a 
different  turn,  and  the  United  States  expressed  a  de- 
sire that  the  arrangement  should  continue  and  be  ob- 
served by  both  jjartics.  Tliis  was  acceded  to,  and  ever 
since  the  convention  has  been  considered  in  full  force. 

But  there  remains  one  thing  more  in  mention.  At 
a  recent  meeting  of  the  American  Society  for  the 
Judicial  Settlement  of  International  Disputes,  the 
President  of  the  United  States  gave  utterance  to  an 
epoch-making  statement— T  have  always  thought  that 
the  President  of  the  United  States  of  America  has 
the  greatest  power  for  good  or  ill  of  any  man  upon  the 
face  of  the  earth — and  in  this  instance  the  President 
rose  to  the  height  even  of  liis  great  opportunity. 
Mr.  Taft  said  in  substance:  "There  is  no  reason  why 
every  international  question  sliould  not  be  submitted 
to  judicial  arbitrament,  whether  it  be  a  question  of 
money  or  of  territory  or  of  national  honour."  Mr. 
Taft  has  since  that  time,  amid  the  har;issiug  cares  and 
multitudinous  laljours  uf  liis  great  office,  continued 
to  press  on  the  adojrtion  of  arbitration  methods. 
His  efforts  have  been  recognized  and  seconded  by 
statesmen  and  ehmclmieu  in  the  mother  country,  and 
in  Canada. 

But  few  discordant  notes  are  to  be  heard.  Of 
course,  the  "fire-eater"  is  not  dead,  nor  the  pessi- 
mist, nor  he  who  can  walk  only  per  vins  antiquas, 
while  the  fool  we  have  always  with  us.  We  hear  that 
■wars  are  necessary  to  keep  down  population,  although 
the  same  argiunent  is  not  advanced  for  famine.     .     . 

.     .    . — that  war  is  needed  to  awaken  and  keep 


alive  vnlouv  ami  masoulino    virtuos    ReneraUy,    al- 
thouch  those  who  know  most  ahout  war  know  best  the 
absunlitv  of  tlie  arnmnent:  there  is  more  valour 
in  one  (lav  of  attendanee  upon  the  sick  in  an  epidemic 
than  in  a  month  of  active  warfare.    I  undertake  to 
find  ten  men  to  face  bullet  or  bayonet  for  e^veiy  one 
who  will  face  smallpox  or  malignant  fever.*  \\  e  aie 
told  that  questions  of  national  honour  cannot  be  ar- 
bitrated, and  that  if  any  nation  were  to  fire  a  shot  at 
a  peaceful  ship  of  another,  war  must  ensue,  a  though 
Britain  did  uot  suffer  in  the  eyes  of  the  world  or  m 
her  own,  because  slu-  submitted  to  international  arbi- 
tration when  her  pea.^eful  ttshermen  were  shot  down 
on  the  Dogger  Bank;  that  a  man  does  not  go  to  law 
when  somec^e  assaults  his  wife  as  though   ha  jusU- 
fied  hhn  iu  stealing  the  other's  fish-or  as  though  the 
drcumstance  that  some  outrage  might  be  so  gross  tha 
?aw   would   1)0   forgotten,   furnished   an   argument 

^^^rlh';\r.rbfeXni-will,inthelong^^^^^^^^^^^^ 

^?!e:=!l!;^t^itw^-a^v^^3 

the  rut.'  within;  AVhcther  man  was  evolving  up 
from  the  lower  animal  or  devolving  down  from  a  state 
\lm  any  lower  than  the  angels  when  he  first  made 
his  appearance  as  man,  I  shall  not  discuss  in  the 
p^senL  of  learned  theologians  and  accomplished 
^eientists-we  in  Ontario  a>'' ,  '"^"'Si  J'"'  ''"'^. 
troubles  over  questions  of  tW^  kind  and  I  do  not 
T)roT)ose  to  get  into  hot  water  in  New  lork  State  if  J 
?an^avoid!t.  One  way  or  the  other  he  was  but 
IMe  muoved  from  tlu^  brute.  He  l^a'l  the  weai>ons  of 
the  brute  the  tooth  and  claw-and  he  had  adopted 
mproved  weapons,  the  club  wielded  by  brawny  am, 
and  the  missile  stone  projected  by  strong  and  deft 


I  ei'/.o'u   iiv  ftaf.7. 


*.0V    U    TtKilV   'i"lf. 

— Burip.  Mtdta  11.  250,  251. 


hand.  He  was  judge  of  what  he  would  have,  and 
of  what  he  would  not  liavo :  and  wife  and  child  and 
neighbour  were  kept  in  order  by  the  tooth  and  claw, 
the  club  and  stone.    And  then  prevailed 

"thn  (pK)d  ohl  riilf, 

the  sinipip  plan, 

Thnt  they  shouiil  take  who  have  thi'  power 

Anil  tliey  should  keep  who  can." 

Tlmt  Is  anarcliy,  the  state  that  is  spoken  of  ii,  the 
good  old  book,  "In  tliosc  dav.s  there  was  no  KiiiK  in 
Israel,  but  every  man  did  that  wliich  was  rijjlit  in  his 
own  eyes." 

In  affairs  relatiug  to  the  sept  <n-  phm,  it  was  soon 
found  that  this  would  not  do— that  that  sept  or  clan 
would  die  which  allowed  the  rule  of  might  alone  to 
govern.    A  house  divided  against  itself  cannot  stand. 

Accordingly,  public  opinion  began  to  liave  its  effect. 
The  tremendous  power  of  public  opinion  in  a  primi- 
tive community  no  one  who  has  not  lived  in  or  closely 
observed  such  a  community  can  appreciate.  Gradual- 
ly it  became  a  custom  for  disputes  between  individual 
and  individual  in  the  same  elan  or  sept  to  be  referred 
for  decision  to  some  independent  tribunal— whether 
the  chief  who  spoke  '•themi.stes"  given  bv  the  god,  or 
the  priest  also  inspired  by  the  god,  or  companion  war- 
rior. Such  a  tribunal,  if  temporarv  and  for  a  special 
case  only,  is  a  board  of  arbitration;  if  permanent  and 
for  all  eases,  a  Court— eall  it  bv  what  name  vou 
will.  The  more  recourse  was  had  to  such  tribunals 
and  the  less  to  club  law,  the  more  civilized  the  nation. 
All  nations  who  can  be  called  civilized  have  long 
grown  out  of  the  habit  of  allowing  any  man  or  body  of 
men  to  assert  and  maintain  bv  the  strong  hand  what 
they  conceive  to  be  their  right. 

And  this,  although  public  opinion  will  permit  a 
gross  insult  to  be  resented  and  -jhvsicallv  punishe,' 
on  the  spot. 

Now  man  not  far  rcmovec'  from  the  primitive 
state  applied  his  club  law  to  affairs  international 


as  well  as  domPStiL— the  rule  was  eo-cxtensive 
with  his  rflntinii  to  fellow-nmn— " tilldw-humaii 
boillK"  I  mean.  Km-  wnmaii  did  uot  escniu'  the  iini- 
vcrs7il  law;  she  suffered  rnmi  the  hrutnl  whim  nt  her 
savngp  uiato.  In  some  lands  it  is  still  laid  dowu  as  a 
jiiincipU — 

"A  woman,  a  npnnii'l,  a  wnlnnt  nee,  ,^ 

Thi'  niorc  voil  whi])  til.  lii,  tli.-  b.ltiT  llli'.v  be. 

The  neiBhhourint;  nation  like  the  neighbouring  man 
had  to  l)e  nut  with  .'lul)  and  stone :  and  it  was  the  Uoa 
of  Battles  who  was  the  (iod  of  the  Nations. 

It  is  a  souiewliat  euiioiis  fact  that  it  is  in  what  re- 
lates to  the  nation  that  man  is  most  eonservative. 
Relicion  itself  is  made  a  department  of  national  con- 
gcrvation-aud  every  form  of  religious  observance  is 
carefully  preserved  in  the  ancient  form.  When  tne 
people  at  large  have  thrown  away  the  stone  knife  and 
iepfaeed  it  with  one  of  bronze  or  iron,  the  priest  can- 
not do  the  same :  the  time-honoured  stone  nnist  still  be 
used.  Sacred  things  are  not  to  be  trifled  with :  and 
no  revised  version  of  any  ceremonial  or  book  of  doc- 
trine is  to  be  tolerated. 



So  in  other  matters  affecting  the  State— the  ela- 
borate ceremony  aud  formality  is  retained. 

When  men  got  over  deciding  private  rights  by  club 
law  within  the  nation,  they  could  not  take  the  logical 
step  of  doing  away  with  club  law  in  international  dis- 
putes. For  what  is  the  battle-axe,  the  mace,  the 
sword,  but  an  improved  elub-the  arrow,  the  GatUng 
bullet,  but  a  fonn  of  missile,  an  improvement  upon 

*  I  amof  ten  reminded  of  the  little  poem  of  Sam  Wal- 
ter Foss,  so  well  known  and  so  pat : 

' '  One  day  through  the  primeval  wood, 
A  calf  walked  home,  as  good  calves  should. 
But  made  a  trail  all  bent  as'-.ew, 
A  crooked  trail,  as  all  calves  do. 


*'Sitii'n  then  two  Imndrr)!  v. 'an  hnvo  tlwl, 
Atnl,  r  inf.T.  th.'  cnir  in  .'l.-nil. 
n»t  still  h.'  U'fl  Ih'hiii.I  liin  trnil. 
Ancl  tIkTfby  hanirs  my  innrnl  talc. 

'*Thc  trnil  was  tak-'H  up  n-xt  diy 
By  n  lonp  iloff  timt  pfiAscil  that  way; 
And  tlii'ti  a  wi^o  h.'ll-w.tli.T  ulifcp 
PiirHiif.I  tin-  tniil  oVr  val.-  arul  sitffp. 
And  dr.-w  th.-  t!o.'I(  h.-liiiid  liini,  too, 
Ah  Kood  (jt'll-wi'tlitTS  nhvayj.  dn. 

"And  from  th!»t  day  o'.r  hill  and  u'lad.* 
Through  tliosc  oli!  wchmU  a  path  was  mado: 
Ami  ninny  men  wound  in  and  out. 
And  dtxiiri'd  nnd  tiinird  and  bent  nhont 
And  utliTcd  wnrdji  uf  ri^rhtcous  wrath 
Bfcauso  'twns  *ui-h  n  crtHikni  path. 

"But  still  thry  followed — do  net  laiiifh— 
The  first  niijrritlidns  of  that  .-alt". 
And  throiiirh  this  windintf  woodwny  stalked 
Beraiiae  he  wobbled  whrn  he  walke*!. 

"This  forest  path  Iitcami'  a  lane, 
That  bent  and  turned,  nnd  tnrne<I  again; 
This  prooke<i  lane  tn'eiutn'  a  road. 
Where  ninny  a  pwtr  horse  witfi  his  load 
Toiled  on  beneath  the  buniinir  sun, 
And  tpnvelU'd  some  three  miles  in  one. 
And  thus  a  e''ntnry  and  a  half 
They  trod  in  the  footsteps  of  that  ealf. 

"The  years  parsed  on  in  swiftness  fleet; 
The  road  became  a  villatre  street; 
And  this,  before  they  were  aware, 
A  eity's  crowded  thoronchfire; 
And  soon  the  central  street  .vas  this 
Of  a  renowned  metropolis: 
And  men  two  centuiies  and  a  half 
Trod  in  the  footsteps  of  that  calf. 

"Each  day  a  hundred  thousand  rout 
Followed  the  zigzag  calf  about; 
And  o'er  his  crooked  journey  went 
Th^  traffic  of  a  continent. 
A  hundred  thousand  men  were  led 
By  one  calf  near  tliree  eenturies  dead; 

31 


Thi-v  follow»d  utill  lii»  prook.il  way 

Ami  lo«t  oil.'  hiiuclfra  yan  u  Jay— 
For  tuoh  rivtTi'ncf  U  l''nt 
To  weU-Mtabli»lii<l  prcfeiWiit 
"A  mornl  U«on  thi«  iiiinlit  t'-«ch, 
WVre  I  i.r<lBinf.l  nn'l  ."H"!  to  pn-nch; 
For  mill  nrp  proiw  lo  K"  it  lilin'l 
Along  the  onif  pntli*  "'  ""■  "'""'■ 
Aii.l  work  away  from  «iin  to  «uh 
To  do  "hat  otli.T  m.ii  Imvi-  >\<m<: 
..  ■n,vv  f.m.,«  in  III,.  I..N,lai  tnu'lj. 

An.i  in  ami  out.  mid  forth  and  hack. 

And  still  thi'ir  di'vioim  cours.-  pumue. 

To  kirp  111''  p:ill'  ''"'t  "''"''■■'  ''"■ 

Hut  how  thi'  wi«.>  old  wood  p>d^  lanifh 

Who  »nw  th.'  llr»t  priim-va  oalf ! 

M.1IIV  thinp  this  tall'  miuht  toach,_ 

But'l  am  not  ordainril  to  preach. 

So  it  is-aud  the  wav  of  umn  with  his  f e""'^-™*" .'' 
dren  of  God." 


'150:; 


.«v' 


m. 


